Free Response - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Assigned to the Hon. Paul G. Rosenblatt 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Based upon the parties' joint submissions regarding Class Notice and Consent, and good cause appearing, IT IS HEREBY ORDERED that the "Notice" and "Consent to Join" form (as a postage paid, pre-addressed postcard to Plaintiffs' lead liaison counsel, Kelly McInerney) ("Consent" or "Consents"), filed concurrently with this Order, be sent on or before April 28, 2006, to the following individuals: 1. All Claims Adjusters, Senior Claim Adjusters, Staff Claim Adjusters, Senior Staff Claim Adjusters, Staff Claim Analysts, Claim Service Adjusters, Senior Claim Service Adjusters or Staff Claim Service Adjusters of Allstate Insurance Company ("Allstate") who meet all three of the following criteria: (i) were employed [Joint Proposed Class Notice and Consent filed concurrently herewith] IN RE ALLSTATE INSURANCE CO. FAIR LABOR STANDARDS ACT LITIGATION MDL NO. 1541 ALL CASES JOINT [PROPOSED] ORDER RE CLASS NOTICE AND CONSENT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 2:03-md-01541-PGR

Document 134-3

Filed 04/19/2006

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within one of these positions at any time since October 1, 1999 (other than in the Special Investigation or Subrogation Units); (ii) were employed in one of these positions in states other than California; and (iii) were classified by Allstate as exempt from overtime pay requirements while employed in any of these positions. All Appraisers, Claim Representatives, Claim Specialists, and Claim Consultants who were employed by Encompass Insurance Company ("Encompass") (other than in the Special Investigation or Subrogation Units) at any time since January 1, 2000. The Court approves the parties' selection of Rosenthal & Company as class administrator ("Administrator") for the purposes set forth herein. Defendant Allstate has provided the Administrator with a list of the names and last known addresses of all potential class members whose employment at Allstate or Encompass meets the criteria set forth above. To be timely, "Consents" must be postmarked no later than sixty (60) days after the date of mailing (the "Closing Date"), which shall be specified as a date certain in both the "Notice" and the "Consent." Plaintiffs' lead liaison counsel shall electronically file the returned "Consents" with the Court on a weekly basis. Beginning with the second Friday following the initial mailing of the "Notice," and each Friday thereafter until the second Friday prior to the Closing Date, the Administrator shall notify Defendant Allstate of the name of any addressee whose "Notice" is returned as undeliverable as of that Friday. Defendant Allstate will provide the Administrator with the Social Security number of each such potential claimant by the following Friday. New "Notices" shall be sent out by the Administrator on a weekly basis, shall be sent to the updated address only once, and shall advise the addressees that they shall have until the later of (i) thirty (30) days from the new mailing date, or (ii) the Closing Date to return the "Consent." For purposes of opting in to the MDL proceeding, the class shall close for all potential claimants on either the Closing Date or, for
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Case 2:03-md-01541-PGR

Document 134-3

Filed 04/19/2006

Page 2 of 3

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addressees whose initial "Notice" is returned as undeliverable, no later than thirty (30) days after the Closing Date. Plaintiffs will bear the costs of printing, postage for mailing the "Notice" and "Consent," including any subsequent mailings to updated addresses, the postage costs for the returned "Consents," fees for identifying a potential claimant's last known address, and all fees and costs of the Administrator.

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